BILL NUMBER: SB 868	CHAPTERED  10/10/99

	CHAPTER   918
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999

INTRODUCED BY   Senator Wright

                        FEBRUARY 25, 1999

   An act to amend Sections 3513, 11552, and 19815 of the Government
Code, and to amend Sections 830.2, 6051, 6126, and 6128 of, and to
add Sections 6126.3, 6126.4, 6126.5, 6126.6, 6127.1, 6127.3, and
6127.4 to, and to repeal Section 6127 of, the Penal Code, relating to
the office of the Inspector General, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 868, C. Wright.  Office of the Inspector General.
   (1) Existing law provides for the independent office of the
Inspector General and provides that the Inspector General shall be
appointed by the Governor, subject to Senate approval of that
appointment.  The Inspector General is responsible for reviewing
departmental policy and procedures for conducting investigations and
audits of investigatory practices and other audits and investigations
of the Department of Corrections, the Department of the Youth
Authority, the Board of Prison Terms, the Youthful Offender Parole
Board, or the Board of Corrections, as requested by either the
Secretary of the Youth and Adult Correctional Agency or a Member of
the Legislature.
   This bill would revise provisions relating to the Inspector
General involving the responsibilities of the office of the Inspector
General, the certification program for investigators under the
Inspector General, and access by the Inspector General to, and
examination or reproduction by the Inspector General of, documents or
records contained on any medium by the above agencies.  This bill
would provide that the Inspector General, in connection with any
audit or investigation, may administer oaths, certify to all official
acts, and issue subpoenas, as specified.  The bill would specify at
length the parameters of this subpoena power.  The bill would provide
that the misuse of any information obtained as a result of an
investigation or audit by any employee of the Inspector General may
be considered grounds for disciplinary action. This bill would also
provide that any person or officer who fails or refuses to permit the
authorized access and examination or reproduction of documents or
records by the Inspector General is guilty of a misdemeanor.  By
creating a new crime, this bill would impose a state-mandated local
program.
   (2) Existing law provides for the investigation and devisement of
remedies for unfair practices involving state employees, as defined,
and provides for the management of the nonmerit aspects of the state'
s personnel system relating to state employees, as defined.
   This bill would specifically include employees of the office of
the Inspector General within this definition of state employee for
the purposes of the above provisions.
   (3) Existing law provides that effective January 1, 1988, an
annual salary of $85,402 shall be paid to specified directors and
commissioners of departments of the State of California.
   This bill would make this salary provision applicable, in
addition, to the Inspector General.
   (4) Existing law provides that specified persons are peace
officers whose authority extends to any place in the state provided
that the primary duty of the peace officers is the enforcement of the
law, as specified.
   This bill would revise that provision to provide, in addition,
that a peace officer, as specified above, includes deputies of the
Inspector General, as specified, and any employee under the authority
of the Inspector General as designated by the Inspector General,
provided that the primary duty of these peace officers shall be
conducting audits of investigatory practices and other audits, as
well as conducting investigations, of the Department of Corrections,
the Department of the Youth Authority, the Board of Prison Terms, the
Youthful Offender Parole Board, or the Board of Corrections.
   (5) Existing law requires the Inspector General to conduct a
management review audit of any warden in the Department of
Corrections, or superintendent in the Department of the Youth
Authority who has held the position for more than 4 years.
   This bill would require the Inspector General to conduct a
management review audit following confirmation of a new warden or the
appointment of a new superintendent, unless the Inspector General
determines that the audit is not warranted at that time.
   (6) This bill would prohibit the Inspector General from destroying
certain papers and memoranda used in connection with an audit, as
specified, for a period of not less than 3 years.  This bill would,
except as provided, make specified documents, papers and other
records subject to public disclosure pursuant to existing law
regarding public records.
   (7) This bill would make it an offense punishable as a misdemeanor
for the Inspector General or any employee or former employee
thereof, or any person or business, as specified, including employees
or former employees thereof, that is contracting or has contracted
with the Inspector General, to divulge, except in a manner expressly
permitted, records or other information, as specified, that are
restricted by law from release to the public.
   (8) The bill would provide that the Inspector General shall have
access to, and be able to reproduce, specified records, and to
examine bank records, money or other property, for an audit or
investigation.  Any officer or person who fails or refuses to permit
access and reproduction, as specified, would be guilty of a
misdemeanor.  By creating a new crime, this bill would impose a
state-mandated local program.
   (9) This bill would provide that it is a misdemeanor for the
Inspector General or any employee thereof to release information,
except as provided, that is prohibited from being disclosed.  By
creating a new crime, this bill would impose a state-mandated local
program.
   (10) Existing law provides that the Inspector General is a
department head for purposes of obtaining depositions and may require
employees to be interviewed on a confidential basis.  This bill
would repeal existing law in this respect and recast and reorganize
those provisions.
   (11) The Public Employees' Retirement Law provides for benefits
and contribution rates for peace officer members that are higher than
those provided for state miscellaneous members.  The state's
employer contributions to the Public Employees' Retirement Fund are
continuously appropriated from the General Fund and other funds in
the State Treasury.
   Because this bill would provide that any employee under the
authority of the Inspector General as designated by the Inspector
General is a peace officer, thereby including these employees within
the category of peace officer members, it would make an appropriation
from the General Fund and other funds in the State Treasury by
increasing the state's contributions to the Public Employees'
Retirement Fund for these new state peace officer members.
   (12) This bill would incorporate additional changes in Section
830.2 of the Penal Code proposed by AB 1502, to be operative if AB
1502 and this bill become effective on or before January 1, 2000, and
this bill is enacted last.
  (13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3513 of the Government Code is amended to read:

   3513.  As used in this chapter:
   (a) "Employee organization" means any organization which includes
employees of the state and which has as one of its primary purposes
representing these employees in their relations with the state.
   (b) "Recognized employee organization" means an employee
organization which has been recognized by the state as the exclusive
representative of the employees in an appropriate unit.
   (c) "State employee" means any civil service employee of the
state, and the teaching staff of schools under the jurisdiction of
the State Department of Education or the Superintendent of Public
Instruction, except managerial employees, confidential employees,
supervisory employees, employees of the Department of Personnel
Administration, professional employees of the Department of Finance
engaged in technical or analytical state budget preparation other
than the auditing staff, professional employees in the
Personnel/Payroll Services Division of the Controller's office
engaged in technical or analytical duties in support of the state's
personnel and payroll systems other than the training staff,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the board, conciliators employed by the State
Conciliation Service within the Department of Industrial Relations,
and intermittent athletic inspectors who are employees of the State
Athletic Commission.
   (d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
   (e) "Managerial employee" means any employee having significant
responsibilities for formulating or administering agency or
departmental policies and programs or administering an agency or
department.
   (f) "Confidential employee" means any employee who is required to
develop or present management positions with respect to
employer-employee relations or whose duties normally require access
to confidential information contributing significantly to the
development of management positions.
   (g) "Supervisory employee" means any individual, regardless of the
job description or title, having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or
effectively to recommend this action, if, in connection with the
foregoing, the exercise of this authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
Employees whose duties are substantially similar to those of their
subordinates shall not be considered to be supervisory employees.
   (h) "Board" means the Public Employment Relations Board.  The
Educational Employment Relations Board established pursuant to
Section 3541 shall be renamed the Public Employment Relations Board
as provided in Section 3540.  The powers and duties of the board
described in Section 3541.3 shall also apply, as appropriate, to this
chapter.
   (i) "Maintenance of membership" means that all employees who
voluntarily are, or who voluntarily become, members of a recognized
employee organization shall remain members of that employee
organization in good standing for a period as agreed to by the
parties pursuant to a memorandum of understanding, commencing with
the effective date of the memorandum of understanding.  A maintenance
of membership provision shall not apply to any employee who within
30 days prior to the expiration of the memorandum of understanding
withdraws from the employee organization by sending a signed
withdrawal letter to the employee organization and a copy to the
Controller's office.
   (j) "State employer," or "employer," for the purposes of
bargaining or meeting and conferring in good faith, means the
Governor or his or her designated representatives.
   (k) "Fair share fee" means the fee deducted by the state employer
from the salary or wages of a state employee in an appropriate unit
who does not become a member of and financially support the
recognized employee organization.  The fair share fee shall be used
to defray the costs incurred by the recognized employee organization
in fulfilling its duty to represent the employees in their employment
relations with the state, and shall not exceed the standard
initiation fee, membership dues, and general assessments of the
recognized employee organization.
  SEC. 2.  Section 11552 of the Government Code is amended to read:
   11552.  Effective January 1, 1988, an annual salary of eighty-five
thousand four hundred two dollars ($85,402) shall be paid to each of
the following:
   (a) Commissioner of Financial Institutions.
   (b) Commissioner of Corporations.
   (c) Insurance Commissioner.
   (d) Director of Transportation.
   (e) Real Estate Commissioner.
   (f) Director of Social Services.
   (g) Director of Water Resources.
   (h) Director of Corrections.
   (i) Director of General Services.
   (j) Director of Motor Vehicles.
   (k) Director of the Youth Authority.
   (l) Executive Officer of the Franchise Tax Board.
   (m) Director of Employment Development.
   (n) Director of Alcoholic Beverage Control.
   (o) Director of Housing and Community Development.
   (p) Director of Alcohol and Drug Abuse.
   (q) Director of the Office of Statewide Health Planning and
Development.
   (r) Director of the Department of Personnel Administration.
   (s) Chairperson and Member of the Board of Equalization.
   (t) Secretary of the Trade and Commerce Agency.
   (u) State Director of Health Services.
   (v) Director of Mental Health.
   (w) Director of Developmental Services.
   (x) State Public Defender.
   (y) Director of the California State Lottery.
   (z) Director of Fish and Game.
   (aa) Director of Parks and Recreation.
   (ab) Director of Rehabilitation.
   (ac) Director of Veterans Affairs.
   (ad) Director of Consumer Affairs.
   (ae) Director of Forestry and Fire Protection.
   (af) The Inspector General pursuant to Section 6125 of the Penal
Code.
   The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees.  The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
  SEC. 3.  Section 19815 of the Government Code is amended to read:
   19815.  As used in this part:
   (a) "Department" means the Department of Personnel Administration.

   (b) "Director" means the Director of the Department of Personnel
Administration.
   (c) "Division" means the Division of Labor Relations.
   (d) "Employee" or "state employee," except where otherwise
indicated, means employees subject to the Ralph C. Dills Act (Chapter
10.3 (commencing with Section 3512), Division 4, Title 1),
supervisory employees as defined in subdivision (g) of Section 3513,
managerial employees as defined in subdivision (e) of Section 3513,
confidential employees as defined in subdivision (f) of Section 3513,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the Public Employment Relations Board, conciliators
employed by the State Conciliation Service within the Department of
Industrial Relations, employees of the Department of Personnel
Administration, professional employees of the Department of Finance
engaged in technical or analytical state budget preparation other
than audit staff, intermittent athletic inspectors who are employees
of the State Athletic Commission, professional employees in the
Personnel/Payroll Services Division of the Controller's office and
all employees of the executive branch of government who are not
elected to office.
  SEC. 4.  Section 830.2 of the Penal Code is amended to read:
   830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) Any member of the Law Enforcement Liaison Unit of the
Department of Corrections, provided that the primary duty of the
peace officer shall be the investigation or apprehension of parolees,
parole violators, or escapees from state institutions, the
transportation of those persons, and the coordination of those
activities with other criminal justice agencies.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
   (j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General In Charge, the Senior Deputy Inspector
General, the Deputy Inspector General, and those employees of the
Inspector General as designated by the Inspector General, are peace
officers, provided that the primary duty of these peace officers
shall be conducting audits of investigatory practices and other
audits, as well as conducting investigations, of the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, the Youthful Offender Parole Board, or the Board of
Corrections.
  SEC. 4.5.  Section 830.2 of the Penal Code is amended to read:
   830.2.  The following persons are peace officers whose authority
extends to any place in the state:
   (a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
   (b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
   (c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
   (d) (1) Any member of the Law Enforcement and Investigations Unit
of the Department of Corrections, provided that the primary duties of
the peace officer shall be the investigation or apprehension of
parolees, parole violators, or escapees from state institutions, the
transportation of those persons, and the coordination of those
activities with other criminal justice agencies.
   (2) Any member of the Office of Internal Affairs of the Department
of Corrections, provided that the primary duties shall be criminal
investigations of Department of Corrections personnel and the
coordination of those activities with other criminal justice
agencies.  For purposes of this subdivision the member of the Office
of Internal Affairs shall possess certification from the Commission
on Peace Officer Standards and Training for investigators, or have
completed training pursuant to Section 6126.1 of the Penal Code.
   (e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
   (f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
   (g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
   (h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
   (i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
   (j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General In Charge, the Senior Deputy Inspector
General, the Deputy Inspector General, and those employees of the
Inspector General as designated by the Inspector General, are peace
officers, provided that the primary duty of these peace officers
shall be conducting audits of investigatory practices and other
audits, as well as conducting investigations, of the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, the Youthful Offender Parole Board, or the Board of
Corrections.
  SEC. 5.  Section 6051 of the Penal Code is amended to read:
   6051.  The Inspector General shall conduct a management review
audit of any warden in the Department of Corrections or
superintendent in the Department of the Youth Authority who has held
his or her position for more than four years.  The Inspector General
shall conduct a management review audit following the confirmation of
a new warden or the appointment of a new superintendent unless the
Inspector General determines that the audit is not warranted at that
time.  The management review audit shall include, but not be limited
to, issues relating to personnel, training, investigations, and
financial matters.  The audit report shall be submitted to the
secretary of the agency, and the respective director for evaluation
and for any response deemed necessary.  Any Member of the Legislature
may request and shall be provided with a copy of any audit report.
A report that involves potential criminal investigations or
prosecution shall be considered confidential.
  SEC. 6.  Section 6126 of the Penal Code is amended to read:
   6126.  (a) The Inspector General shall be responsible for
reviewing departmental policy and procedures for conducting audits of
investigatory practices and other audits, as well as conducting
investigations of the Department of Corrections, the Department of
the Youth Authority, the Board of Prison Terms, the Youthful Offender
Parole Board, the Board of Corrections, the Narcotic Addict
Evaluation Authority, the Prison Industry Authority, and the Youth
and Adult Correctional Agency, as requested by either the Secretary
of the Youth and Adult Correctional Agency or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General.  The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
   (b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
   (c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
  SEC. 7.  Section 6126.3 is added to the Penal Code, to read:
   6126.3.  The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.  All books, papers, records, and correspondence
of the office pertaining to its work are public records subject to
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code and shall be filed at any of the regularly
maintained offices of the Inspector General, except that none of the
following items, or papers of which these items are a part, shall be
released to the public by the Inspector General or his or her
employees and shall not be subject to discovery pursuant to any
provision of Title 3 (commencing with Section 1981) of Part 4 of the
Code of Civil Procedure in any manner:
   (a) Personal papers and correspondence of any person receiving
assistance from the Inspector General when that person requested in
writing that his or her papers and correspondence be kept private and
confidential.  Those papers and correspondence shall become public
records if the written request is withdrawn or upon the order of the
Inspector General.
   (b) Papers, correspondence, memoranda, or any information
pertaining to any audit or investigation not completed.
   (c) Papers, correspondence, or memoranda pertaining to any audit
or investigation that has been completed, if the papers,
correspondence, or memoranda are not used in support of any report
resulting from the audit or investigation.
  SEC. 8.  Section 6126.4 is added to the Penal Code, to read:
   6126.4.  It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public.  This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.
  SEC. 9.  Section 6126.5 is added to the Penal Code, to read:
   6126.5.  (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce, any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property,
of any entity defined in Section 6126 for any audit or investigation.
  Any officer or employee of any such agency or entity having these
records or property in his or her possession or under his or her
control shall permit access to, and examination and reproduction
thereof consistent with the provisions of this section, upon the
request of the Inspector General or his or her authorized
representative.
   (b) For the purposes of access, examination, and reproduction as
provided in subdivision (a), an authorized representative of the
Inspector General is an employee or officer of the agency or public
entity involved and is subject to any limitations on release of the
information as may apply to an employee or officer of the agency or
public entity.  For the purpose of conducting any audit or
investigation, the Inspector General or his or her authorized
representative shall have access to the records and property of any
public or private entity or person subject to review or regulation by
the public agency or public entity being audited or investigated to
the same extent that employees or officers of that agency or public
entity have access.  No provision of law providing for the
confidentiality of any records or property shall prevent disclosure
pursuant to subdivision (a), unless the provision specifically refers
to and precludes access and examination and reproduction pursuant to
subdivision (a).
   (c) Any officer or person who fails or refuses to permit access,
examination, and reproduction, as required by this section, is guilty
of a misdemeanor.
   (d) The Inspector General may require any employee of those
entities specified in Section 6126 to be interviewed on a
confidential basis.  Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee.  Any record created by an interview shall be deemed
confidential for use by the Inspector General and the Secretary of
the Youth and Adult Correctional Agency only.  It is not the purpose
of these communications to address disciplinary action or grievance
procedures that may routinely occur.  If it appears that the facts of
the case could lead to punitive action, the Inspector General shall
be subject to the provisions of the Public Safety Officers Procedural
Bill of Rights Act (Section 3300 of the Government Code et seq.) as
if the Inspector General were the employer.
  SEC. 9.5.  Section 6126.6 is added to the Penal Code, to read:
   6126.6.  It is a misdemeanor for the Inspector General or any
employee of the Inspector General to release any information received
pursuant to this chapter except as provided by this chapter, or that
is otherwise prohibited by law from being disclosed.
  SEC. 10.  Section 6127 of the Penal Code is repealed.
  SEC. 10.5.  Section 6127.1 is added to the Penal Code, to read:
   6127.1.  The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter.  The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations.  If the Attorney General has a conflict of interest
in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.
  SEC. 11.  Section 6127.3 is added to the Penal Code, to read:
   6127.3.  (a) In connection with an audit or investigation pursuant
to this chapter, the Inspector General, or his or her designee, may
do any of the following:
   (1) Administer oaths.
   (2) Certify to all official acts.
   (3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
   (b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee.  The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
  SEC. 12.  Section 6127.4 is added to the Penal Code, to read:
   6127.4.  (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel
                                       the attendance of witnesses,
the making of oral or written sworn statements, and the production of
papers, books, accounts, and documents, as required by any subpoena
issued by the Inspector General or his or her designee.
   (b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena.
The petition shall set forth all of the following:
   (1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
   (2) That the person has been subpoenaed in the manner prescribed
in this chapter.
   (3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
   (c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required.  A copy of the order shall be served upon him
or her.  If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
  SEC. 13.  Section 6128 of the Penal Code is amended to read:
   6128.  (a) The office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe a variance from departmental
investigatory policies and procedures.  The identity of the person
providing the information as well as the information provided shall
be held as confidential by the Inspector General and may be
disclosed, in confidence, only to the secretary, the Governor, the
appropriate director or chair, or a law enforcement agency in the
furtherance of their duties.  It is not the purpose of these
communications to redress any single disciplinary action or grievance
that may routinely occur.
   (b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections,
the Department of the Youth Authority, the Board of Prison Terms, the
Youthful Offender Parole Board, the Board of Corrections, the
Narcotic Addict Evaluation Authority, the Prison Industry Authority,
or the Youth and Adult Correctional Agency.  This telephone number
shall be posted by the above-named departments, and their respective
subdivisions, in clear view of all employees and the public.  When
appropriate, the Inspector General shall initiate an investigation or
audit of any alleged wrongdoing.  However, any request to conduct an
investigation shall be in writing.  The request shall be
confidential and is not subject to disclosure under the Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
   (c) The identity of the person providing the information that
initiated the investigation shall not be disclosed without the person'
s written permission, except to a law enforcement agency in the
furtherance of its duties.
  SEC. 14.  Section 4.5 of this bill incorporates amendments to
Section 830.2 of the Penal Code proposed by both this bill and AB
1502.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 830.2 of the Penal Code, and (3) this bill is enacted
after AB 1502, in which case Section 4 of this bill shall not become
operative.
  SEC. 15.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
